Surviving Spouses of U.S. Citizens

by Richard Bracken on January 5, 2010

In the unfortunate event that a U.S. citizen spouse dies before being able to file documentation to legalize their alien spouse, there may be options. For many years, aliens in this regrettable situation were in a sad form of legal limbo. In 2009, the U.S. Citizenship and Immigration Services (USCIS) issued long awaited guidance regarding the means by which the surviving spouse of a U.S. citizen may obtain immigration benefits through “deferred action”. Deferred action is a term for the exercise of prosecutorial discretion where the government indicates that it will not pursue removal actions against a particular alien for a particular period of time while granting certain benefits in the meantime. It is not intended to be permanent, rather it is a temporary solution to an issue that is the subject of ongoing legislative and judicial efforts to resolve. Each grant under the government’s program is good for two years.

Individuals who qualify for deferred action are the spouses of deceased U.S. citizens who died before the second anniversary of their marriage. The surviving spouse qualifies for the temporary program if he or she was married to, and not legally separated from, the U.S. citizen spouse at the time of the spouses’ death; did not remarry; and is currently residing in the United States.

A surviving spouse qualifies for deferred action regardless of whether the U.S. citizen filed a Form I-130 petition for him or her. He or she may ask to have qualifying children included in the deferred action request. To be considered a “qualifying child” of a surviving spouse, the child must be younger than twenty-one or otherwise a “child” when the deferred action request is submitted; must currently reside in the United States; and must be unmarried.

Work authorization is available to surviving spouses and qualifying children who are granted deferred action and who can establish economic necessity. Travel authorization is also available to surviving spouses and qualified children granted deferred action.

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-Abe A. ( July 2015)
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Thank you from the bottom of our hearts.
God Bless you and your staff~"

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"R. Bracken and Associates are the best in Immigration law.
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"Attorney Bracken is a lawyer anyone can trust. He will go above and beyond to help you legally obtain proper documentation. He helped me obtain my permanent residency card and work authorization shortly after I was married to a citizen. He made it easy to understand and helped me prepare for all that was required. I would recommend his services to my friends and family."

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"We want to thank you and your staff for all the work you did to help us out. We never imagined it would be so easy and fast. We are very grateful and will continue to put a good word about the great work that you do. Thank You Richard Bracken".

Martha & Carlos (March 20, 2013)

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"Mr Bracken,

The process went smooth and you made sure we were having no problems with the paperwork or appointments. You were there every time we had a question and answered sincerely, you gave me and my husbands good advice and told us how to do things when we had no idea.
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Thank you".

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"We want to take the time and thank the Richard Bracken team for all of your help and support because thanks to you, my husband's immigration case was successful and I am very happy to have him here with me."

Sincerely,

Esther S. & Marco P. (11-07-2012)

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I was fortunate to utilize Mr. Bracken for our family based visa and without hesitation retained his office for our I-751 visa two years later. Even though we reside on the East coast, it was very easy, like working with a local office; Mr. Bracken’s office provided swift and to-the–point guidance conferences during the lengthy processing time and our journeys outside the US, and today I am standing here with a huge smile on my face, holding a precious green card surrounded by family and friends! Yay! Mr. Bracken and Associates are our natural choice for the forthcoming naturalization process and I can recommend their services without hesitation.

Thank you very much for helping me obtain my permanent green card. God Bless! I'm so blessed and lucky"

-Lindsey L.
June, 2012

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"We owe so much to Mr. Bracken and his staff. For many years my family and I had been looking for a good and honest immigration lawyer to represent us. We were unsuccessful for a long time. Thank God we found him".
Mr. Bracken and His staff are not only very professional and friendly but also very concerned for the well-being of their clients. they were there through every step. I got my residency and then citizenship, and right after I was able to file and get my parent's residency approved. Mr. Bracken took care of everything and simplified everything to the max. We will forever be thankful to him and his staff. Our lives have completely changed and we will never forget it. Thank you Mr. Bracken! Thank God for putting you in our path :)!"

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"Mr. Bracken and his staff are wonderful in every way. I would highly recommend Mr. Bracken for all your immigration needs. This firm is professional, compassionate, honest, and will be up-front with you every step of the way with what to expect with your case. After 8 years of trying with other attorneys who basically took our money, with Mr. Bracken's help, my husband is now a resident and our lives will never be the same. We are so grateful for everything they all did to help my husband achieve our dream. Our case worker, Maria was fantastic! I would be more than happy to share our experience in more detail. I can be reached at (951)662-4435".

-Donna Young (Permanent Residency granted for husband, Ramon on 1/20/2010)

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"The office of R. Bracken & Associates was helpful, knowledgeable, and professional the entire time we worked with them. The process through immigration services went very smoothly thanks to the efficiency and hard work of his staff. Our experience was that this office performs within high standards they set for themselves. They are honest, down-to-earth, patient, and client centered. We highly recommend this team to anyone in need of immigration law services".

-Wendy & Israel Deras (Permanent Residency granted 10/09/2009)

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